Death comes in various forms. Wrongful death is the result of someone else’s actions.
“When someone has lost a loved one due to the actions of another, they often don’t know what they are supposed to do. It’s enough of a shock just dealing with the loss of the person in the first place. In all instances where someone has lost their life due to the negligence on another, it’s wise to talk to an experienced Atlanta personal injury attorney and get solid legal advice on how to obtain compensation for that person’s death,” said Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.
Who brings a wrongful death action to court? In the vast majority of the cases, the immediate family of the deceased brings the action. However, in some cases, an executor will bring the action to recover compensation for the death.
To launch a wrongful death lawsuit, there are a number of things that the plaintiff needs to prove. “For example, the plaintiff needs to prove that there was indeed negligence on the part of a public agency, a city, person or a company; that there was an intentional act committed in which someone deliberately harmed the deceased, causing death; that another liable action caused someone to injure the deceased and what type of damages and financial loss there was to the heirs, etc.,” Ozcomert said.
Who can sue is a bit of a mixed bag from state to state, yet another reason to discuss the circumstances of a wrongful death with a seasoned Atlanta personal injury attorney. In general though, those that may launch a wrongful death civil suit are the children and spouse; parents, sisters and brothers and/or minors who were residing with the deceased and got 50 percent of the support.
“One of the most common questions I get is ‘What will the amount of damages be?’ This is a hard question to answer, simply because the amounts that may be awarded in a wrongful death lawsuit are based on a wide variety of factors,” Ozcomert said. Those factors may include life expectancy, earning capacity, medical and funeral expenses, health, age and any other factor that demonstrates how the plaintiff benefited from the deceased while they were living.
“For those who are facing the death of a loved one and not sure what to do, seek legal counsel and find out how wrongful death lawsuits are handled in the state where you live. You need to know your rights and what to expect when you choose to launch a civil lawsuit like this,” Ozcomert said.
To learn more visit http://www.ozcomert.com.